Revision petition challenging a Rent Controller's order for arrears without interest. The Court held that interest and costs are statutory components of provisional rent assessment.
The impugned order was set aside and the Rent Controller directed to assess provisional rent along with interest and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No. 489 of 2010
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CR No. 489 of 2010 (O&M) Date of Decision : 06.09.2010
Ashok Kumar
.......... Petitioner
Versus
Harbans Singh & another
...... Respondents
CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA
Present : Mr. Ajay Jain, Advocate for the petitioner.
Mr.Anurag Jain, Advocate for the respondents.
VINOD K. SHARMA, J. (ORAL)
This revision petition has been filed by the petitioner challenging the order dated 10.12.2009, passed by the learned Rent Controller, Hisar vide which the learned Rent Controller assessed the arrears of rent along with house tax, without interest, in a petition filed for eviction of the respondents / tenant on the ground of nonpayment of rent.
The impugned order reads as under :-
“Reply to the application dated 7.12.2009 filed. Arguments heard.
In view of the submissions made by the learned counsel on behalf of the applicants / respondents and learned counsel on behalf of the petitioner as well as on perusal of the orders of the Hon'ble High Court, I find that it is
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ordered by the Hon'ble High Court that the petitioner is directed to tender the arrears of rent, as assessed by the Rent Controller within 3 months from today. Learned counsel on behalf of the applicants / respondents contended that they want to make the payment of entire arrears of rent in terms of order dated 16.9.2009 passed by the Hon'ble High Court. Learned counsel on behalf of the petitioner contended that the arrears of rent be tendered with interest but the respondents are not ready to make the payment of interest. On perusal of the orders of the Hon'ble High Court, I find that there are specific orders to tender the arrears of rent. Nothing has been expressed in the orders of the Hon'ble High Court regarding the interest. Therefore, the arrears of rent from the period 16.3.1998 to 30.6.2009 along with house tax and arrears of rent from the period 1.7.2009 to 31.12.2009 along with house tax were assessed to the tune of Rs. 1,72,721.40ps. The respondents are directed to tender the assessed rent on or before 14.12.2009.”
The impugned order can not be sustained, for the reason that this Court had issued a direction, that the tenant should pay fair rent. The order of this Court can not be read to mean that no interest was payable on rent due as this Court also can not issue
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directions, contrary to the Statute.
It is the statutory duty of the Rent Controller to assess the provisional rent along with interest and costs. The learned Rent Controller, therefore, was under obligation to comply with the statutory provisions.
Consequently, this revision petition is allowed, the impugned order is set aside. The learned Rent Controller is directed to assess the provisional rent, along with interest and costs and thereafter fix the date for payment of provisional rent.
No costs.
06.09.2010 (VINOD K. SHARMA) 'sp' JUDGE
2 issues framed by the court
Whether the Rent Controller is statutorily obligated to assess provisional rent along with interest and costs.
Whether the High Court's direction to pay rent can be construed as exempting rent from interest.
Ashok Kumar
Harbans Singh
Vinod K. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
